Patna High CourtCR. MISC./22556/2020allowed

Raju Mukhiya v. The State Of Bihar

2020-08-31Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22556 of 2020 Arising Out of PS. Case No.-253 Year-2019 Thana- BIRPUR District- Supaul ====================================================== Raju Mukhiya S/o Late Bhagwat Mukhiya Resident of Village-Bhirkhi, Ward No.26, Police Station-Madhepura, District-Madhepura. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 31-08-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Birpur P.S. Case No. 253 of 2019 for the offence under sections 457, 380 of the Indian Penal Code.

Learned counsel for the petitioner submits that the FIR was lodged against unknown. The name of the petitioner surfaced on the confessional statement.

It is alleged that certain stolen articles were recovered from the possession of the petitioner.

Learned counsel for the petitioner seriously disputes the aforesaid allegation and submits that the serial number does not tally with the informant's stolen article.

Patna High Court CR. MISC. No.22556 of 2020(2) dt.31-08-2020 2/2 Considering the fact that the petitioner was not named in the FIR and he is in custody since 27.11.2019 , the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Birpur at Supaul, in connection with Birpur P.S. Case No. 253 of 2019 subject to the condition that the petitioner shall deposit Rs. 50,000/- cash to the court below and on deposit of Rs. 50,000/- the petitioner shall be released. The amount deposited by the petitioner shall abide by final outcome of pending criminal case.

(Anil Kumar Upadhyay, J) Ravi/- U T